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Objects To The Jurisdiction Of The System In Criminal Lawsuit

Posted on:2013-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2246330371999910Subject:Law
Abstract/Summary:PDF Full Text Request
Jurisdiction is criminal lawsuit must first problems, the jurisdiction of criminal litigation system is the basic system, ensure the judicial justice is the first line of defence. Criminal jurisdiction with opening criminal lawsuit, rational configuration of the judicial resources and the function of the safeguarding judicial justice. To ensure the procedure justice system of jurisdiction and security entity justice plays an important role, in the world of the provisions of the criminal procedure law common objects to the jurisdiction of the system, however, in our country the system hasn’t established, in practice has brought a series of problems. This article through to the countries of the objects to the jurisdiction of the system for comparison and analysis, according to the current legal system environment for our country to the criminal action of objects to the jurisdiction of the system to reasonable and concrete idea.First of all, objects to the jurisdiction of the legal analysis of the criminal, clarify the rights of the criminal objects to the jurisdiction of the value.In criminal lawsuit, objects to the jurisdiction of the system of the parties is a important relief rights, criminal litigation is the embodiment of the parties, one of the parties is an important guarantee of a fair trial, demonstrated the value of procedural justice.Second, the comparison analysis objects to the jurisdiction of the criminal. Through to the common law and civil law of criminal jurisdiction of the opposition system comparison and analysis, draw some of the same law. Although different countries of the specific provisions, but all of the criminal procedure law of criminal jurisdiction to the attention of the opposition system is consistent, given the parties with criminal litigation objects to the jurisdiction of the constraints of the right of a kind of effective method. Common law countries of objects to the jurisdiction of criminal often and "get a fair trial" rights together and the mainland legal system country criminal objects to the jurisdiction of the system is to safeguard judicial authority and ensure the correct implementation of justice a kind of effective measures.Finally, the author puts forward a criminal jurisdiction I conceived the idea of the opposition system. In this part of the first introduced in China’s criminal objects to the jurisdiction of the lack of chaos and the parties concerned with jurisdiction determines the lack of respect, then analyses the opposition system building China’s criminal jurisdiction, the necessity and feasibility of the opposition system design of criminal jurisdiction shall maintain purpose is criminal lawsuit activity of justice. Establish criminal jurisdiction over the opposition system is to perfect the criminal litigation need, is an important means of protecting human rights, is the inherent requirement of the judicial democratization. Finally put forward the opposition system of criminal jurisdiction and the specific design.At present China has established the opposition system of criminal jurisdiction is settled, the lack of legislation, and meet the needs of the judicial practice, In the construction of the system in litigation shall carry out the principle, rights protection tells the principle, principle, the judicial referee hearing principle, in specific system design key illustrates the application of the subject, objects to the jurisdiction of the period,the way, the reason and the application of the objects to the jurisdiction of the burden of proof, standard, examination organizations, the appeals process and legal consequences.Of course the system on paper is not equal to the life in the system, contact to the present stage of our country legal system environment and the development practice of criminal procedure,such as the judicial independence, lack of procedure justice idea,the parties, the right of be not taken seriously, judicial administrative serious tendency towards etc, in order to realize our country criminal jurisdiction of the opposition system have a long way to go.
Keywords/Search Tags:objects to the jurisdiction of the fair trial, procedure justice ofjustice
PDF Full Text Request
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